White v. Clarence et al

Filing 24

ORDER granting 23 STIPULATION WITH PROPOSED ORDER Extending Time filed by Kathleen Dyer, Clarence & Dyer, L.L.P., Nanci L. Clarence. Case Management Statement due by 9/6/2013. Initial Case Management Conference set for 9/13/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 7/19/2013. (beS, COURT STAFF) (Filed on 7/22/2013)

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STAN G. ROMAN [SBN 87652] [e-mail]
TRACY M. CLEMENTS [SBN 184150] [e-mail]
KELLER, SLOAN, ROMAN & HOLLAND LLP
555 Montgomery Street, 17th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Defendants
NANCI L. CLARENCE, KATHLEEN DYER, and
CLARENCE & DYER LLP

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Case No.: 3:13-cv-02106 (CRB)

THOMAS F. WHITE,
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Plaintiff,
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STIPULATION AND ORDER
EXTENDING TIME

v.
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NANCI L. CLARENCE, ESQ., KATHLEEN
DYER, ESQ., and CLARENCE & DYER,
L.L.P., and DOES 1-50, inclusive,

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Defendants.
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A pending motion to remand this case to state court makes it uncertain whether this action

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will remain in federal court. The hearing on the motion to remand has been continued several

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times. Accordingly, the parties have reached an agreement, subject to the approval of the Court, to

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(1) extend the time for all parties to serve their initial disclosures and submit a Joint Case

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Management Conference Statement; and (2) continue the Case Management Conference presently

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scheduled for August 9, 2013. In support of this stipulation, the parties recite and agree as follows:

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On May 8, 2013, defendants removed this action to federal court. On May 22, 2013, the

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Court issued a scheduling order setting the initial Case Management Conference for August 9, 2013

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and ordering that a Joint Case Management Conference Statement be filed by August 2, 2013.

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STIPULATION AND [PROPOSED] ORDER EXENDING TIME
Case No. 3:13-cv-02106 (CRB)

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Based on this Case Management Conference date, the parties initial disclosures are also due on

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August 2.

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On May 23, 2013, plaintiff filed a motion to remand. The hearing on that motion was

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originally scheduled for June 28, 2013. However, after the matter was fully briefed, the Court on its

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own motion continued the hearing to July 19, 2013, and then again to July 23, 2013. Because

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plaintiff’s counsel was not available for a July 23 hearing, the parties requested that the hearing be

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rescheduled for August 2, 2013. The Court granted that request on July 17, 2013.

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Under the original schedule, there were five weeks between the hearing date for plaintiff’s

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motion to remand and the date upon which the parties’ initial disclosures and Joint Case

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Management Conference Statement were due.

Under the current schedule, the parties’ initial

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disclosures and Joint Case Management Statement are due on August 2, 2013 – the same day as the

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hearing on plaintiff’s motion to remand. The parties would prefer not to expend the time and

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resources necessary to prepare and serve initial disclosures and to draft and file a Joint Case

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Management Statement until after the Court determines whether this case will remain in federal

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court. Therefore,

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IT IS HEREBY STIPULATED AND AGREED THAT, subject to Court approval:

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(1)

The date for the parties to serve their initial disclosures shall be extended from
August 2, 2013 to September 6, 2013;

(2)

The date for the parties to file their Joint Case Management Conference Statement
shall be extended from August 2, 2013 to September 6, 2013; and

(4)

The Case Management Conference presently scheduled for August 9, 2013 shall be
continued to September 13, 2013 at 8:30 a.m.

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STIPULATED AND AGREED:

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Dated: July 22, 2013

KELLER, SLOAN, ROMAN & HOLLAND LLP

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By: ____________________________________
TRACY M. CLEMENTS
Attorneys for Defendants NANCI L. CLARENCE,
KATHLEEN DYER, and CLARENCE & DYER
LLP
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STIPULATION AND [PROPOSED] ORDER EXENDING TIME
Case No. 3:13-cv-02106 (CRB)

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Dated: July 22, 2013

THE DECKARD LAW FIRM

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By: ___________________________________
DIANE DECKARD
Attorneys for Plaintiff THOMAS F. WHITE

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ORDER
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The parties having stipulated and good cause appearing, the Court adopts the parties’
stipulated agreement and sets/resets deadlines as follows:

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(1)

The parties shall serve their initial disclosures on or before September 6, 2013;

(2)

The parties shall file a Joint Case Management Conference Statement on or before
September 6, 2013; and

(4)

The Case Management Conference presently scheduled for August 9, 2013 shall be
continued to September 13, 2013 at 8:30 a.m.
S DISTRIC

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S
IT IS SO ORDERED.

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________________________________________
yer
CHARLES R. BREYER arles R. Bre
h
Judge C
UNITED STATES DISTRICT JUDGE

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Dated: July 19, 2013

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STIPULATION AND [PROPOSED] ORDER EXENDING TIME
Case No. 3:13-cv-02106 (CRB)

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